[// GUIDANCE: This pleading template is drafted for use in Colorado District Courts
under the Colorado Rules of Civil Procedure (“C.R.C.P.”). It is NOT tailored for
County Court or federal practice. Replace every bracketed placeholder before filing.
Review C.R.C.P. 8, 10, 98, 15, 16, 26, 121 §1-26, and all local rules for the chosen
judicial district.]
IN THE DISTRICT COURT
[__] COUNTY, COLORADO
Court Address: [Street Address, City, CO Zip]
Civil Action No.: __
Division: _ Courtroom: ___
PLAINTIFF: [PLAINTIFF LEGAL NAME],
v.
DEFENDANT: [DEFENDANT LEGAL NAME].
COMPLAINT FOR BREACH OF CONTRACT
(AND DEMAND FOR JURY TRIAL) if applicable
[// GUIDANCE: Under C.R.C.P. 8(a), plead a short and plain statement. Numbered
paragraphs are mandatory (C.R.C.P. 10(b)).]
TABLE OF CONTENTS
- Parties, Jurisdiction, and Venue
- General Allegations / Factual Background
- Definitions (selected)
- First Claim for Relief – Breach of Contract
- Second Claim for Relief – Breach of Implied Covenant optional
- Damages
- Conditions Precedent & Compliance With Rule 16/26 Tiering
- Request for Injunctive Relief if sought
- Jury Demand
- Prayer for Relief
- Verification (Unsworn Declaration) optional
- Signature Block (C.R.C.P. 11)
- Certificate of Service (C.R.C.P. 5)
1. PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [PLAINTIFF LEGAL NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business at [Address].
1.2 Defendant [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [State] with its principal place of business at [Address].
1.3 Subject-matter jurisdiction is proper in this Court pursuant to Colo. Const. art. VI, §9 and C.R.S. §13-1-124 because the amount in controversy exceeds $25,000 and the claims arise under Colorado law.
1.4 Personal jurisdiction exists under Colorado’s long-arm statute, C.R.S. §13-1-124(1)(a), because Defendant [transacted business/performed services] in Colorado, and the causes of action arise from that conduct.
1.5 Venue is proper in [__] County under C.R.C.P. 98(c) because [the contract was to be performed here / Defendant resides or does business here].
2. GENERAL ALLEGATIONS / FACTUAL BACKGROUND
2.1 On [Date], Plaintiff and Defendant entered into a written contract titled “[TITLE OF AGREEMENT]” (the “Agreement”). A true and correct copy of the Agreement is attached as Exhibit A.
2.2 Under the Agreement, Plaintiff agreed to [describe obligations], and Defendant agreed to [describe obligations], including payment of $[Amount] on or before [Due Date].
2.3 Plaintiff fully performed, or was ready, willing, and able to perform, all material obligations under the Agreement.
2.4 Beginning on or about [Date], Defendant materially breached the Agreement by, inter alia:
(a) Failing to pay $[Amount] when due;
(b) [Add additional breaches, e.g., failure to deliver goods/services, violating exclusivity, etc.].
2.5 Despite written notice dated [Date] (attached as Exhibit B) and an opportunity to cure pursuant to Section [__] of the Agreement, Defendant has failed and refused to cure its breaches.
2.6 As a direct and proximate result, Plaintiff has suffered damages in excess of $[Amount], exclusive of interest, costs, and attorney fees.
3. DEFINITIONS
For ease of reference, capitalized terms have the meanings set forth below:
“Agreement” – The written contract between Plaintiff and Defendant dated [Date], attached as Exhibit A.
“Breach Date” – The earliest date on which Defendant failed to perform, currently alleged as [Date].
“Parties” – Collectively, Plaintiff and Defendant.
[// GUIDANCE: Add or delete defined terms as needed. Keep alphabetical.]
4. FIRST CLAIM FOR RELIEF – BREACH OF CONTRACT
(Against Defendant)
4.1 Plaintiff incorporates by reference ¶¶1.1–3.[last] as if fully set forth herein.
4.2 The Agreement constitutes a valid, enforceable contract.
4.3 Plaintiff performed all conditions precedent or such conditions have been waived or excused.
4.4 Defendant breached the Agreement by the acts and omissions set forth in ¶¶2.3–2.5.
4.5 Plaintiff has been damaged in an amount to be proven at trial, but not less than $[Amount], plus contractual interest, costs, and attorney fees as allowed under Section [__] of the Agreement and/or C.R.S. §13-17-102.
5. SECOND CLAIM FOR RELIEF – BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING optional
5.1 Plaintiff realleges ¶¶1.1–4.5.
5.2 Colorado law implies a covenant of good faith and fair dealing in every contract.
5.3 Defendant’s conduct—including [withholding payments, obstructing performance, etc.]—unreasonably interfered with Plaintiff’s contractual expectations and therefore breached the implied covenant.
5.4 Plaintiff suffered additional damages in an amount to be determined at trial.
6. DAMAGES
6.1 Compensatory Damages: $[Amount] (current estimate) for unpaid sums, cover costs, consequential losses, and other direct damages.
6.2 Pre- and Post-Judgment Interest: Statutory interest pursuant to C.R.S. §5-12-102.
6.3 Attorney Fees & Costs: Recoverable under Section [__] of the Agreement and/or C.R.S. §13-17-101 et seq.
7. CONDITIONS PRECEDENT & DISCOVERY TIERING
7.1 All contractual notice-and-cure requirements have been satisfied or waived.
7.2 Pursuant to C.R.C.P. 26(b)(2), Plaintiff designates this action as Tier [1/2/3] based on the amount sought (currently $[Amount]). Discovery shall be governed accordingly.
8. REQUEST FOR INJUNCTIVE RELIEF include only if sought
8.1 In addition to monetary relief, Plaintiff seeks preliminary and permanent injunctive relief restraining Defendant from [describe conduct] pursuant to C.R.C.P. 65, on the grounds that:
(a) Plaintiff has a reasonable probability of success on the merits;
(b) Plaintiff will suffer irreparable harm absent injunctive relief;
(c) The balance of equities favors Plaintiff; and
(d) Injunction serves the public interest.
9. JURY DEMAND
9.1 Pursuant to C.R.C.P. 38(b), Plaintiff demands a trial by jury on all issues so triable and encloses the requisite jury fee.
10. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Compensatory damages in an amount to be proven at trial, presently estimated at $[Amount];
B. Pre-judgment and post-judgment interest as provided by law;
C. Attorney fees and costs pursuant to the Agreement and applicable statutes;
D. Injunctive relief as set forth in ¶8 (if sought);
E. Such further relief as the Court deems just and proper.
11. VERIFICATION – UNSWORN DECLARATION OPTIONAL
I, [Name], declare under penalty of perjury under the laws of the State of Colorado that the foregoing is true and correct. Executed on [Date], at [City], [State].
[Name], [Title/Capacity]
[// GUIDANCE: Verification is not required in Colorado unless specifically mandated
by statute or rule. Include only if strategic.]
12. SIGNATURE BLOCK (C.R.C.P. 11)
Respectfully submitted this ___ day of [Month] 20__,
[LAW FIRM NAME]
Address: [_]
Phone: [_]
Email: [__]
By: _____
[ATTORNEY NAME], # [Bar No.]
Attorneys for Plaintiff
13. CERTIFICATE OF SERVICE
I hereby certify that on ___ day of [Month] 20__, a true and correct copy of the foregoing Complaint for Breach of Contract was served via [state method—ICCE, Colorado Courts E-filing, U.S. Mail, etc.] on the following:
• [Name of Counsel or Pro Se Party]
[Address or ICCES Username]
[Name of Person Serving]